Soldiers’ legal aid, chemical weapons ban signed

MANILA, Philippines — President Marcos has signed into law a measure providing free legal assistance to soldiers and other uniformed personnel facing charges arising from incidents related to the performance of their duties, and another prohibiting the production, stockpiling and use of chemical weapons.

The Free Legal Assistance for Military and Uniformed Personnel Act and the Chemical Weapons Prohibition Act were signed on April 15, copies of the laws published on a national broadsheet yesterday showed.

The Free Legal Assistance for Military and Uniformed Personnel Act or Republic Act No. 12177 covers officers, enlisted and uniformed personnel of the Armed Forces of the Philippines, the Bureau of Fire Protection, Bureau of Jail Management and Penology, Philippine Coast Guard, Bureau of Corrections, Philippine National Police and the hydrography branch of the National Mapping and Resource Information Authority.

It defined service-related cases as civil, criminal and administrative cases filed against the military or uniformed personnel related to or in connection with the discharge of their official functions or the performance of their duties.

Under the law, military or uniformed personnel facing any service-related case before a prosecutor’s office, court, quasi-judicial or administrative body or any competent body or tribunal shall be entitled to free legal assistance.

Retired and honorably discharged and separated military or uniformed personnel shall be eligible for free legal assistance on service-related cases committed while still in active duty.

The chiefs of the military or uniformed personnel agencies, through the head of the legal office, shall direct their legal officers to provide legal assistance to qualified personnel within 24 hours from the official receipt of the charge.

The law requires agencies to establish guidelines and procedures for availing free legal assistance and determining service-related cases to be proved by the head of the agency.

However, a soldier or uniformed personnel shall not be entitled to assistance if there is conflict of interest, defined by the law as an instance where the handling by the legal office of a case will adversely affect the interest of the concerned agency.

Legal assistance includes legal representation in civil, criminal or administrative proceedings as far as practicable; legal advice or consultations; preparation of pleadings, motions, memoranda and all other legal forms and documents; court fees and other related fees and notarization of documents.

To strengthen their legal offices, the agencies covered by the law are required to submit to the budget department the revised organizational structure and staffing patterns based on the ideal ratio of legal officers with the total number of personnel.

Speaker Martin Romualdez welcomed the new law, describing it as “proof that the Marcos administration does not leave its defenders behind.”

“This isn’t just about legal defense. It’s about giving peace of mind to ordinary soldiers and cops on the ground. It tells them: ‘Just do your job, serve with honor, and we will stand with you all the way,’” Romualdez said.

Chemical weapons ban

The Chemical Weapons Prohibition Act or Republic Act 12174 is in compliance with the Philippines’ obligations under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction or Chemical Weapons Convention.

It defined chemical weapons as toxic chemicals and their precursors, except when intended for purposes not prohibited under the Convention; munitions and devices designed to cause death or other harm through the release of toxic properties from those chemicals; any equipment designed to be used directly to employ munitions and devices or a combination of the mentioned descriptions.

The law designated the Anti-Terrorism Council as the country’s national authority on the Chemical Weapons Convention.

The council shall serve as the national focal point for effective liaison with the Organization for the Prohibition of Chemical Weapons and other state parties to fulfill the Philippines’ commitments under the convention, including the preparation and submission of annual declarations on scheduled chemicals and facilities.

Prohibited acts under the law include the development, production, acquisition, stockpiling, retention, use or transfer domestically or by cross border movement; financing the mentioned activities; possessing or transferring directly or indirectly precursors and scheduled chemicals without the necessary license or permit; engaging in any military preparation with the use of a chemical weapon; assisting, encouraging or inducing a person to engage in any activity prohibited for a state party under the convention; use of a riot control agent as a warfare method; exporting and importing certain types of chemicals to or from a state not a party to the convention, including transit through such a state.

Any person who develops, produces, acquired, stockpiles, retains, transfers or uses chemical weapons shall suffer the penalty of life imprisonment without the benefit of parole and a fine ranging from P2 million to P5 million.

Financiers of the prohibited activities shall be punished with 20-year imprisonment up to life imprisonment and a fine ranging from P500,000 to P1 million.

The law also specifies penalties for those who produce, acquire, retain or use chemicals listed in the annex of the convention for purposes other than research, medical pharmaceutical or protection; export, import or transfer certain chemicals without authorization or necessary permits and licenses; obstruct, resist or deceive any inspector exercising functions related to the chemical weapons ban and other prohibited acts.

The Chemical Weapons Prohibition Act likewise states that the immediate disposal of seized chemical weapons shall be given utmost priority.

The Bureau of Fire Protection is tasked to exert all efforts in containing the effects of chemical weapons. The transportation, storage, destruction and disposal of chemical weapons shall be conducted by the military under “stringent” security measures. The destruction and disposal will be done in coordination with the environment, science and health departments. –  Jose Rodel Clapano